Agbaosi v. United States

Ninth Circuit

Agbaosi v. United States

286 F. App'x 465

Court of Appeals for the Ninth Circuit·Decided July 30, 2008·No. No. 06-56694·Published

Opinion

MEMORANDUM

**

George G. Romain, a California attorney, appeals pro se from the district court’s order sanctioning him sua sponte pursuant to Rule 11 of the Federal Rules of Civil Procedure. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion, Retail Flooring Dealers of Am., Inc. v. Beaulieu of Am., LLC, 339 F.3d 1146, 1150 (9th Cir.2003), and we vacate.

The district court abused its discretion in failing to apply the “contempt of court” standard laid out by this court for Rule 11 sua sponte sanctions. United Nat’l Ins. Co. v. R & D Latex Corp., 242 F.3d 1102, 1116 (9th Cir.2001) (holding that sua sponte Rule 11 sanctions, for which there is no “safe harbor” for attorneys to correct or withdraw their challenged filings, should ordinarily be imposed only in situations that are akin to contempt of court).

VACATED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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MEMORANDUM

**

George G. Romain, a California attorney, appeals pro se from the district court’s order sanctioning him sua sponte pursuant to Rule 11 of the Federal Rules of Civil Procedure. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion, Retail Flooring Dealers of Am., Inc. v. Beaulieu of Am., LLC, 339 F.3d 1146, 1150 (9th Cir.2003), and we vacate.

The district court abused its discretion in failing to apply the “contempt of court” standard laid out by this court for Rule 11 sua sponte sanctions. United Nat’l Ins. Co. v. R & D Latex Corp., 242 F.3d 1102, 1116 (9th Cir.2001) (holding that sua sponte Rule 11 sanctions, for which there is no “safe harbor” for attorneys to correct or withdraw their challenged filings, should ordinarily be imposed only in situations that are akin to contempt of court).

VACATED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Agbaosi v. United States, 286 F. App'x 465 (9th Cir. 2008).

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286 F. App'x 465 (Agbaosi v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

United National Insurance Company, a Pennsylvania Corporation, and Travelers Casualty and Surety Company, Formerly Known as Aetna Casualty and Surety Company v. R&d Latex Corporation, a Georgia Corporation Royalty Carpet Mills, Inc., a California Corporation, and Mydrin, Inc., for Itself and as Successor in Interest to R&d Latex Corp., Mydrin, Inc., for Itself and as Successor in Interest to R&d Latex Corp., Plaintiff-Counter v. Travelers Casualty and Surety Company, Formerly Known as Aetna Casualty and Surety Company, Defendant-Counter-Claimant-Appellant, and William C. Morison-Knox and Michael D. Prough

242 F.3d 1102 (Ninth Circuit, 2001)

Opinion

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